Excerpt: ...aintiff filed her FAC on May 29, 2018, alleging the following seven causes of action: (1) race discrimination (FEHA); (2) gender discrimination (FEHA); (3) retaliation (FEHA); (4) aiding and abetting (FEHA); (5) harassment (FEHA); (6) failure to prevent harassment, discrimination, and retaliation (FEHA); and (7) IIED. Defendant demurs to the entire FAC on the grounds it is uncertain. Defendant also demurs to each cause of action on the ground tha...

Excerpt: ...sonnel Board's (SPB) Decision Approving Stipulation for Settlement dated 9/13/16 is GRANTED. In taking judicial notice, the court accepts the existence of the document and the existence of its contents. Plaintiff Gabriel Santos (Santos) alleges that after graduating from a California Commission on Peace Officer Standards and Training (POST) academy in 2011, he became a peace officer. Santos served Cal Fire between 2011 and 2016. In 2015, Cal Fire...

Excerpt: ...4, 2018. Defendant EMSA has never been served with the summons and complaint. Defendant contends that the Court scheduled a case management conference for September 21, 2017 and ordered Plaintiff to appear and show cause why the case was not proceeding to trial. The Court continued the case management conference and hearing on order to show cause several times. EMSA did not appear. Counsel for defendant states Plaintiff's counsel Michael Oppe...

Excerpt: ...filed a motion to change venue. David Moon, A Partnership, was not a moving party on that motion and therefore had not made a general appearance. After the motion to change venue was denied without prejudice for lack of proper notice, plaintiff requested a default against David Moon, a Partnership. The clerk entered the default of the partnership on July 6, 2018. The Request for Entry of Default as to David Moon, a Partnership, was not improper. ...

Excerpt: ...e and/or dismiss all named Respondents and Real Parties in Interest. On 12/8/2017, Petitioner filed an Amended Ex Parte Writ of Mandate/Prohibition, Amended Petition for Injunctive/Declaratory Relief with Memorandum of Points and Authorities in support of Writ of Mandate/Prohibition; Amended Civil Case Cover Sheet; Amended Notice, and Amended Forma Pauperis Declaration (collectively referred to as "Amended Petition"). On 5/19/2017, Judge ...

Excerpt: ...** Defendant Roman Catholic Bishop of Sacramento's (“Bishop”) demurrer to plaintiff's First Amended Complaint (“1AC”) is SUSTAINED, with and without leave to amend, as follows. The opposition and reply papers failed to comply with CRC Rule 3.1110(b)(1), (3) and (4). Factual Background This 2017 action arises out of defendant Martis' sexual abuse of plaintiff who was at the time a student at St. Francis Catholic High School (“SFHS”), a...

Excerpt: ...le, by COURTCALL, to participate in oral argument on the continuance date. Defendant Yulanda Mynhier and R. Stephen Tharatt M.D.'s Demurrer to the 1st amended complaint is unopposed, taken as a concession to the merits, and is sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. The Court previously sustained the demurrer to the Original Complaint, with leave to amend. The defects have not be...

Excerpt: ...lid cause of action, fails to state facts sufficient to constitute any cause of action against these demurring parties, and is uncertain. Moving parties ("Alley") inherited the property located at 702 Sutter Street in Folsom, California, ("the premises") that was being leased by Hacienda Del Rio, Inc. pursuant to a commercial lease agreement. Defendants became Plaintiffs' landlord under the lease. (SAC, ¶ 8.) On March 23, 201...

Excerpt: ...any party requests oral argument, then at the time the request is made, the requesting party shall inform the court and opposing counsel of the specific cause(s) of action or issue(s) on which oral argument is sought. ** The demurrer of Defendant Department of Alcohol Beverage Control (ABC) and Sunshine Garside (Garside) (collectively “Defendants”) is SUSTAINED in part and OVERRULED in part. Plaintiff Heather C. Hoganson's (Hoganson) requ...

Excerpt: ...ule 1.06(D). Counsel for Plaintiff is directed to contact defense counsel forthwith and advise of Local Rule 1.06 and the Court's tentative ruling procedure. If counsel for moving party is unable to contact the other counsel prior to the hearing, counsel for Plaintiff shall be available at the hearing, in person or by telephone, in the event any party appears without following the procedures set forth in Local Rule 1.06(B). Through this motion, P...

Excerpt: ...n part and DENIED in part. FIS' request for judicial notice of official records referenced in Plaintiff and CrossDefendant Ocwen Loan Servicing, LLC's (Ocwen) complaint in this case is GRANTED. The court does not accept the truth of factual findings in these records. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Departme...

Excerpt: ...nk's demurrer to the complaint, which contained causes of action for wrongful foreclosure, violation of B&P Code § 17200, violation of CC § 2923.6 [dual tracking], and violation of 12 USC § 2605 et seq. [federal lending disclosure requirements]. The court concluded, among other things, that Markevich had failed to establish her standing, has failed to establish wrongful assignments, and had failed to allege tender of the debt. (See Order of 8/...

Excerpt: ...rtin Luther King Jr. Village Apartments located at 3900 47th Avenue in Sacramento, California (the "MLK Village"). (FAC ¶ 6.) As the property owner, Mercy Housing California XXVI, LP has no staff or employees on the property and is not involved in the MLK Village's day‐to‐day operations. Instead, Mercy Housing California XXVI, LP contracts with: (1) Mercy Housing Management Group, Inc. to provide property management services at t...

Excerpt: ...set one, is GRANTED in part and DENIED in part. This is an elder abuse action arising out of plaintiff Barbara Lovenstein's residency at Defendants' Eskaton Fountainwood Lodge residential care facility. Plaintiffs allege that Ms. Lovenstein was improperly administered medication that resulted in her death on April 11, 2012. Robin Hutcheson, as successor in interest on behalf of Lovenstein, and Charles, sued defendants. In their first amen...

Excerpt: ...is permitted on law and motion matters. *** Plaintiffs' motion to compel the deposition of defendant's Person(s) Most Qualified (“PMQ”) and production of documents is DENIED, as follows. The moving papers fail to comply with CRC Rule 3.1110(b)(4) and Rule 3.1113(d)‐(e). The opposition was not timely filed or served but it was nevertheless considered. Factual Background This is a lemon law case relating to a 2010 Chrysler Town and Country mi...

Excerpt: ...to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a consolidated action. In its complaint VTL alleges that it hired BBC to perform a renovation of an 80‐unit apartment complex owned by VTL in Carmichael. A dispute between the parties arose and resulted in BBC recording a mechanics lien in the amount of $483,405. VTL filed an action for declaratory relief, breach of contract and fraud. VTL promptly filed a motion to remove B...

Excerpt: ...by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The response filed by plaintiff on 7/12/2018 was not timely filed and served in accordance with Code of C...

Excerpt: ...iff's minor daughter was a passenger in her vehicle at the time of the accident and is also a named Plaintiff. The Court appointed Plaintiff as her daughter's guardian ad litem on May 19, 2016. Plaintiff was represented by counsel until counsel's motion to be relieved was granted on February 1, 2018. The trial in this matter was originally set for January 8, 2018, then continued to February 26, 2018. After Plaintiff's counsel withdrew, th...

Excerpt: ...ewing DOC contracts with third parties. (Id., 5.) In or around August 2015, DOC entered into a consulting contract with Alexan International, Inc., an information technology contractor specializing in database architecture. (Id., 8.) Alexan recommended a software system created and owned by the Ground Water Protection Council (GWPC), a nonprofit composed of state agencies regulating ground water within their respective states. (Id., 9.) At that t...

Excerpt: ...ember 23, 2003, Plaintiff Oleg Beknazarov ("Plaintiff') and non‐party Irina But obtained a loan in the amount of $148,000.00 ("the Loan"), the repayment of which was secured by a Deed of Trust ("Deed of Trust") recorded against certain real property located at 7716 Rudyard Circle, Antelope, California 95843. Plaintiff alleges that Fay Servicing, the current servicer since May of 2018, is violating the Homeowner's Bil...

Excerpt: ...niform set of construction standards (Civ. Code § 896), and permits claimants to "make a claim for a violation of standards" by alleging that the "home does not meet the applicable standard." (Civ. Code, sec. 942.) Further, SB800 provides builders with an absolute right to investigate (Civ. Code, sec. 916(a), (c)), repair (Civ. Code § 918), or compromise (Civ. Code § 929(a)) any claimed violation of SB800's standards. Claim...

Excerpt: ...n drainage fees collected by the City. The City entered into drainage agreements with development companies Alleghany and defendant Beazer Homes Holding Corp. (“Beazer”) in connection with their work on common drainage facilities, which entitled either or both of them to reimbursement of their construction costs. Beazer and Alleghany are the only claimants to the Fund. The City has been discharged from the action. On December 9, 2009, the Cou...

Excerpt: ...ty is by an easement that runs through Defendant's property. Plaintiffs allege that Defendants often have guests over who block Plaintiffs' access to their property, but that Defendant refuses to remedy the situation. Plaintiffs further allege that Defendant has repeatedly filed false complaints against Plaintiffs with the Sacramento Sheriff's Department, and that during one altercation between Defendant and Debora Kirkwood, Defendant ran over Ms...

Excerpt: ...a VSS Emultech's (“Plaintiff”) request for judicial notice is GRANTED. Plaintiff filed its original complaint on March 12, 2018. Defendants demurred to the complaint and the Court sustained the demurrer with leave to amend. Plaintiff filed its First Amended Complaint on April 16, 2018. Defendants demurred again on the grounds that the claims are barred by the applicable statute of limitations set forth in CCP § 335.1. The Court sustained the...

Excerpt: ...o the medical battery cause of action. Defendant moves to strike allegations in the Second Amended Complaint (“SAC”) that assert or imply Defendant's actions were sexual in nature. Specifically, Defendant moves to strike the following: 1) All usage of the phrase "grab, grope, fondle, caress, physically touch, hold, and handle" (SAC ¶¶1, 8, 13, 14, 15, 16, 21, 22); 2) All usage of the word "sexually” (SAC ¶¶ 17, 27, 30, 32); ...

Excerpt: ...t, a “bare bones” motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient. City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261 On August 2, 2018, a "Notice of Settlement of Entire Case" was filed with the court. Nonetheless, it is a "conditional settlement." The court would further note the pending stipulation and order ...

Excerpt: ...gically resulted in Chris Yuan's death (“Decedent”). The Decedent's family and friends brought this suit against the Legends and its property management company, Jalson Col. Inc. dba Gerson Baker & Associates (together, “GBA”), JAD, and others. Legends and GBA filed a CrossComplaint against several parties, including JAD. In relevant part, the CrossComplaint alleges a cause of action against JAD for express indemnity. (Walker Decl. Ex. A....

Excerpt: ...in good faith. Raley's requests for judicial notice of court documents are GRANTED. One of the judicially noticeable documents Raley's tenders is this court's order denying the motion for summary judgment (MSJ) brought by Defendant and settling party Dignity Health dba Mercy San Juan Medical Center (Dignity Health). On its own motion, the court takes judicial notice of the moving, opposing and reply papers filed in connection with the MSJ. This i...

Excerpt: ... into a school bus, causing the bus to roll over. Plaintiff Gerald Austin, Sr. was serving as an attendant on the bus at the time of the collision and was injured. Plaintiffs filed their original complaint on August 2, 2017, alleging motor vehicle and general negligence. Plaintiffs filed their First Amended Complaint on October 19, 2017, alleging motor vehicle, general negligence, and loss of consortium. The Court consolidated Plaintiffs' case wi...

Excerpt: ... him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Factual Background This action arises from the implantation and alleged failure of a medical device called the Celect® Vena Cava Filter, whic...

Excerpt: ...he truth of their contents. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) In this wrongful foreclosure action, plaintiff Tatyana Krivoshey (“Tatyana”) obtained a loan from America's Wholesale Lender (“AWL”) in the amount of $277,600 (the “Loan”), and a deed of trust secured by the property was recorded on February 28, 2005 (“DOT”). (FAC ¶ 153.) Mortgage Electronic System, Inc. (“MERS”) was the ...

Excerpt: ... 4:00 p.m on August 24, 2018, to notify the clerk of the new date. The clerk is instructed to forthwith fax this tentative ruling to the litigation coordinator. The litigation coordinator for Plaintiff Crosby shall arrange for a court call for the required appearance on August 27, 2018. Mr. Crosby shall be available by COURTCALL, to participate in oral arguments. Defendants Yulanda Mynhier and R. Steven Tharratt's (collectively, “Defendants”)...

Excerpt: ...eging six causes of action against Defendant. Plaintiff filed her First Amended Complaint (“FAC”) on January 2, 2018, alleging eight causes of action against Defendant. The parties stipulated to allow Plaintiff leave to file the SAC, which is the subject of this instant motion. Plaintiff filed the SAC on May 31, 2018, alleging the following eight causes of action against Defendant: (1) violation of the Fair Pay Act (Equal Pay Act) based on se...

Excerpt: ... basic facts necessary to establish a Lemon Law claim including ownership and manufacturing of the vehicle, offers to repurchase as well as other topics. Defendant served the following identical objection to each request: Objection as vague, ambiguous, irrelevant and not calculated to lead to the discovery of admissible evidence. MBUSA has already offered to repurchase the subject vehicle. Further, Plaintiff has served a C.C.P. § 998 offer of th...

Excerpt: ...tters. *** Defendant McClatchy Newspapers, Inc.'s motion for summary judgment or summary adjudication is ruled upon as follows. Judge Krueger discloses that he has been a continuous subscriber to the Sacramento Bee since approximately 1995. He also served as an intern reporter in McClatchy Newspapers' Washington, D.C. bureau while in college. Judge Krueger does not believe that there is any basis for him to be disqualified from hearing this case....

Excerpt: ...iff's default on a mortgage loan and deed of trust. On or about July 11, 2007, plaintiff financed the real property commonly known as 9910 Pringle Avenue, Galt, CA 95632 ("Subject Property"). Plaintiff asserts that defendant did not comply with Civil Code section 2923.5. The other grounds asserted by plaintiff in her motion are not addressed in this ruling as the court did not find sufficient evidence to issue an OSC on those grounds....

Excerpt: ...llectively “Defendants”) to the third amended complaint (TAC) is OVERRULED. The court disregards evidence submitted with the parties' papers. The court may not consider evidence on demurrer. Moreover, assuming any part of the evidence is subject to judicial notice, there is no request for judicial notice before the court. Overview This case presents a business dispute. The plaintiff is Patricia Blank (Blank). Blank alleges that Mitchell induc...

Excerpt: ...e employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution. A state employee, who suffers an intentional act of reprisal, retaliation, or threat for the purpose of interfering with protected conduct may file a civil action for damages against the offending party, providing that the employee first files a complaint setting forth the alleged acts of retaliation wit...

Excerpt: ...s involved Defendants Kelly Priley and Anthony Priley. Plaintiff Barry Murakami filed this lawsuit in January 2018. On April 6, 2018, Defendants Kelly and Anthony Priley filed a General Denial. Defendants Vang and Xiong filed their Answer and a Cross‐Complaint against Defendants Mendez and Bradford on April 16, 2018. On May 7, 2018 and May 10, 2018, Plaintiff Murakami filed Doe Amendments as to Mendez and Bradford, Respectively. On June 4, 2018...

Excerpt: ...7‐1118; see also Startford Irrig. Dist. v. Empire Water Co. (1941) 44 Cal.App.2d 61, 68.) The Court, however, does not accept the truth of any facts within the judicially noticed documents, only the existence thereof. FACTS In August 2015, Plaintiffs obtained a mortgage loan from Paramount Equity Mortgage, secured by a Deed of Trust recorded against the property. An Assignment of Deed of Trust was recorded in March 2016 to memorialize the trans...

Excerpt: ...us types, personal items and a Winnebago. Plaintiff stored other personal property in a storage unit rented by Defendants, with Defendants' permission. The relationship between Plaintiff and Defendants is unclear. Plaintiff alleges that in February 2018, he left his residence at 650 Pinedale Avenue in Sacramento due to “the violence of Kirsten Charlton‐Rosa.” Plaintiff demanded his property at the time he left the residence. Plaintiff was l...

Excerpt: ...llectively “Defendants”) to the third amended complaint (TAC) is OVERRULED. The court disregards evidence submitted with the parties' papers. The court may not consider evidence on demurrer. Moreover, assuming any part of the evidence is subject to judicial notice, there is no request for judicial notice before the court. Overview This case presents a business dispute. The plaintiff is Patricia Blank (Blank). Blank alleges that Mitchell induc...

Excerpt: .... The LLC filed the declaration as ordered. The Court finds the declaration meets the requirements of section 430.41, and indicates the parties failed to remedy any of the issues raised by the demurrer. Plaintiffs filed the FAC on May 11, 2018, alleging causes of action for breach of contract, dissolution of partnership, and partition and accounting against the LLC and co‐defendants Allie Chen (“Ms. Chen”) and Guozhong Chen (“Mr. Chen”)...

Excerpt: ... arena. From February 2015 to September 11, 2015, Plaintiff worked as an apprentice. Plaintiff alleges that during that time, foreman Josh Taylor harassed Plaintiff due to his race (African‐American) and that when Plaintiff complained, nothing was done. Plaintiff also alleges he sustained a workers' compensation injury to his left knee, and that when he reported the injury to his supervisor to discuss his need for time off, he was terminated. P...

Excerpt: ...s. *** Defendants Life Generations Healthcare, LLC; Thomas Olds, Jr.; and GHC of SACSNF, LLC's (collectively “Defendants”) demurrer to the Second Amended Complaint (“2AC”) is SUSTAINED but with leave to amend, as follows. Factual Background This action arises from the care rendered to Evelyn Gurion from July 2014 through September 2014, when she died on 9/9/2014. This lawsuit was commenced on 9/9/2015 and the 2AC filed on 9/7/2017 purport...

Excerpt: ...wners of 31 single‐family homes in the Aspen Village Development in Sacramento, California. Meritage is a residential homebuilder whom Plaintiffs allege is responsible for a variety of construction defects. Plaintiffs filed their FAC on May 14, 2018, alleging twelve causes of action against Meritage and various doe defendants. Meritage demurs to Plaintiffs' causes of action for breach of contract (first), nuisance (sixth), breach of purchase co...

Excerpt: ...Bank (“USB”), Fay Servicing, LLC and Attorney Lender Services, Inc.'s (collectively “Defendants”) demurrer to plaintiff's complaint is SUSTAINED but with leave to amend, as follows. Although the notice of demurrer provided notice of the court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018. Factual Background Co...

Excerpt: ...��Defendant”) failure to provide accurate wage statements. Specifically, the wage statements failed to set forth “Stay Safe Staffing, Inc.” and/or its address. Plaintiff's Second Amended Complaint (“SAC”) alleged violations of the Labor Code for the alleged failure to pay all wages due, issue accurate itemized wage statements, and other claims against Defendant and Horizon Personnel Services, Inc. (“HSPI”) On April 5, 2016, Plaintif...

Excerpt: ... Plaintiff had created a triable issue of material fact as to various purported UMFs offered by Dr. Lee in support of his motion. Dr. Lee now moves for reconsideration of that order. Dr. Lee moves on the grounds that “newly obtained” deposition testimony from Plaintiff's expert witness, Dr. Mirza on June 4, 2018, and Plaintiff's expert witness Dr. Lachs on June 11, 2018, confirms Dr. Lee was not a “care custodian.” First, there are strict...

Excerpt: ...ounsel shall meet and confer and inform the Department 53 clerk of their request for a different, subsequent date. Factual and Procedural Background This case involves allegations against six skilled nursing facilities (Cathedral Pioneer Church Homes II, Congregational Church Retirement Community, Bixby Knolls Towers, Inc., Gold Country Health Center, Mayflower Gardens Health Facilities, Inc., and Stockton Congregational Homes, Inc.), the real pr...

Excerpt: ...0(c) as a result of Plaintiff's failure to comply with this Court's June 11, 2018 order. The June 11 order compelled Plaintiff to provide verified responses without objections to Defendant's Form Interrogatories, Set One; Special Interrogatories, Set One; and Request for Production of Documents, Set One by June 21, 2018. Defendant had not received responses as of the date of the filing of the motion. Defendant seeks monetary sanctions in the amou...

Excerpt: ... Procedure section 2033.300(a). “The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits.” (Code Civ. Proc. § 2033.300 (b).) This provision applies to admissions expressly made by a party as we...

Excerpt: ...rked at Sutter facilities at the relevant time periods in questions and Plaintiff alleges that the unlawful access to her medical records occurred as a result of his employment while they were legally separated and after their divorce. Plaintiff alleges that she has experienced significant loss of privacy and emotional distress as a result of Defendant Taggard accessing private information in her medical records. Defendant Taggard contends that i...

Excerpt: ...ate of April 19, 2018. On March 29, 2018, Plaintiff filed an ex parte application to continue the summary judgment hearing on the grounds that postponement was warranted to “allow for the hearing of [Plaintiff's] pending discovery Motions and further Motions … to be filed in the near future based on [Defendants] serving Responses to discovery that consisted of frivolous boiler‐plate objections with no substantive responses and no production...

Excerpt: ...t to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** The court notes that both defendants and plaintiffs filed in connection with this motion a number of the decedent's medical records, all of which are now viewable by the public via the court's CCMS system. All counsel are reminded that the court's new CCMS system allows the public to electronically access and view all pleading...

Excerpt: ... negligence; (2) negligent hiring, training, and/or retention of an unfit employee; (3) negligent supervision; (4) invasion of privacy; (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) sexual harassment; (8) stalking; and (9) assault. She asserts causes of action 1, 2, 3, and 6 against the Center for Psychiatry on a theory of direct liability. She asserts causes of action 4, 5, 7, 8, and 9 agai...

Excerpt: ... Damages is unopposed, taken as a concession to the merits, and is granted, with leave to amend. This action stems from a May 2013 encounter between Plaintiff and non‐demurring defendant Cal Force Security employees Christopher Peterson and Aaron Asley. Plaintiff alleges that he was ordered by the security guards to leave an AM/PM store and was followed by the guards to a Food Source store. He alleges that he was ambushed and tased with electri...

Excerpt: ... only the legal sufficiency of a complaint, not the truth or the accuracy of its factual allegations or the plaintiff's ability to prove those allegations. (Ball v. GTE Mobilnet of California (2000) 81 Cal.App.4th 529, 534‐35.) Defendant's Request for Judicial Notice is unopposed and is granted. In the instant matter, Defendant requests judicial notice of briefs filed in former proceedings raising the same issues, as well as the decisions o...

Excerpt: ...arty shall inform the court clerk forthwith. Plaintiff served three sets of requests for admission on the defendant. No responses were served within 30 days of the service of each separate request. In opposition, defendant contends that the number of Requests for Admissions is excessive and that the Declaration of Finnerty served with each request does not justify serving more than 35 requests for admissions. However, any objections that defendan...

Excerpt: ...tective Order. Plaintiff avers that he was entirely unaware of this lawsuit and denies that he was ever served with operative First Amended Complaint or any other pleading or document in this lawsuit until he received two deposition notices. Upon further inquiry, he learned that co‐Defendant Marjorie Snoke (aka Marjorie Covert) had forged his name on these pleadings. According to moving Defendant, on June 22, 2018, at the schedule hearing regar...

Excerpt: ...oes not provide notice of the court's tentative ruling system, as required by Local Rule 1.06(D). Counsel for moving party is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the court's tentative ruling procedure. If counsel for moving part is unable to contact counsel for the opposing party prior to the hearing, counsel for the moving party shall be available at the hearing, in person or by tele...

Excerpt: ...g out of his employment and subsequent termination as the River Cats' manager of the visitor clubhouse during the 2014 and 2015 baseball seasons. Plaintiff alleges that defendants knew of the harassing actions of third parties employed by a visiting team, including the Reno Aces' athletic trainer, Joe Metz. Metz allegedly treated plaintiff in a demeaning manner and had told him: "You're nothing but a low life clubby nigger" du...

Excerpt: ...t. This case presents a business dispute involving co‐ownership of real property. In the complaint, Nadeem seeks partition and “dissolution of partnership.” Exhibits to the complaint are incorporated by reference into the cross‐complaint. The Defendants and Cross‐Complaints are Markus Pegany (Markus) and Lati Pegany (Lati) (collectively “Cross‐Complainants”). They allege that in April 2017, Nadeem engaged Lati as a real estate age...

Excerpt: ...rved. Defendant's Reply states that plaintiff served a notice of an new address after this motion was served, stating that his new address was effective before the date of service of the motion. The Reply was mailed to the new address. No Change of Address form was filed with the court. Plaintiff has sued defendants for defamation arising out of an article published in the Sacramento Bee. Defendants contend that plaintiff's Complaint is s...

Excerpt: ... A demurrer cannot be filed when a default has been entered. Therefore the demurrer is dropped from calendar. Entry of defendant's default instantaneously cuts off the right to appear in the action. Entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. W.A. Rose Co. v Mun. Ct. (1959) 176 Cal.App.2d 67, 71. The defendant is “out of court.” It has no right to participate in the p...

Excerpt: ... 2018. Defendant Jason Kim had previously attempted to file an Answer to the Complaint before he was actually named as a defendant, and his Answer was rejected from filing on January 3, 2018 because he was not named as a defendant. Kim later appeared in these proceedings in February of 2018, through counsel, as an "interested party," when he opposed an application for writ of attachment that was filed against him. The application for writ...

Excerpt: ... Grove. Plaintiff hit her head on a large firehose valve and firehose support bracket as she was rising up from a bent position. Plaintiff filed her complaint on 9/25/2015, a few days before the statute of limitations expired. The complaint names all current defendants, including JJD‐HOV Elk Grove, LLC and Dana Butcher Associates. Defendants move for discretionary dismissal on the grounds that Plaintiff did not serve them with the summons and c...

Excerpt: ...a New Hampshire entity with no offices or employees in California. (See Adams Decl., ¶ 3.) Defendant served DCC with a PMK deposition notice. The notice contemplates a deposition in Sacramento County. DCC served objections and indicated it was not required to send its agents across the country for deposition. DCC stipulated to a videotaped deposition of a witness in New Hampshire. Defendant now moves to compel DCC to send its PMK to Sacramento. ...

Excerpt: ...�MEC”) motion for protective order. Maciora had propounded Requests for Production, Set Four, on MEC. The RFPs provided the following definitions: 1. UBA Contract ‐ The valid and effective contract referred to in Paragraph 85 and Paragraph 86 of your Third Amended Complaint. 2. Tangiers Capital Contract ‐ The valid and effective investment agreement between MEC and Tangiers Capital referred to in Paragragh 87 of the Third Amended Complaint....

Excerpt: ...endant. Defendant failed to serve responses to the requests for production and the interrogatories. Plaintiff seeks a remedy of striking the Answer and entering defendant's default judgment. A trial court must be cautious when imposing a terminating sanction because the sanction eliminates a party's fundamental right to a trial, thus implicating due process rights. The trial court should select a sanction that is tailored to the harm caus...

Excerpt: ...al injury case. Bernard alleges that when he was a minor attending Defendant Jesuit High School (School), a fellow student attacked him and caused injuries including brain injury. Bernard alleges one of the School's teachers shares responsibility for his injuries. Although former Dean of Students Timothy Warren (Warren) was a named defendant, he was dismissed from the lawsuit without prejudice. Warren remains a percipient witness. The current mot...

Excerpt: ... to file a brief in excess of 10 pages as required by CRC 3.1113(e). The Court therefore has the discretion to treat the reply brief as a late filed brief pursuant to CRC 3.1113(g). However, the Court considered the brief despite Plaintiffs' lack of compliance. The Court would note that the reply brief reads almost entirely like a new motion and varies greatly from the initial papers that Plaintiffs filed. This action relates to the South Canal D...

Excerpt: ... will be prejudiced absent sealing; the proposed sealing is narrowly tailored to serve the overriding interest; and there is no less restrictive means of achieving the overriding interest. The Clerk of the Court is directed to file unredacted exhibits 10, 11 and 12 and immediately change their security clearance so that they are not available for public viewing. The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or ...

Excerpt: ... Inc. w. Wood (1989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182‐83.) Judgment may be entered under section 664.6 whether the parties are complying with the terms of the agreement or whether they are not. (Viejo Bancorp, 217 Cal.App.3d at 209, fn.4.) By enacting Code of Civil Procedure section 664.6 in 1981 (Stats. 1981, ch. 904, § 2, p. 3437), the Legislature endorsed the nonstatutory speaking moti...

Excerpt: ...ff sets forth a single cause of action for penalties pursuant to PAGA based on numerous alleged Labor Code violations. Defendants move to compel arbitration pursuant to an arbitration provision executed by Plaintiff in connection with her employment. The provision provides that in the event of dispute between Plaintiff and the Company both parties agree to “submit such dispute, claim or controversy to final and binding arbitration, including, b...

Excerpt: ... the issue of unconscionability is properly before the court, did the Compensation Agreement require Misfud to repay draws personally if she left her employment and did not receive commissions covering the draws? If so, did that saddle her with a harsh, one‐sided risk (i.e., that she could effect sales without receiving any commissions) not present in Am. Software v. Ali (1996) 46 Cal.App.4th 1386, 1389, 1393? (3) Assuming the issue of unconsci...

Excerpt: ...endants, and alleges that these defendants are part of a joint enterprise that owned and/or operated 11 gasoline service stations in six counties across northern California in violation of the rules and regulations of the State's Underground Storage Tank (UST) Program. This case was designated complex by Judge Alan Perkins on July 15, 2015. Plaintiff seeks terminating sanctions against Defendants Azad Amiri, Haleh Amiri, Nasrin Amiri, Dilpal Sing...

Excerpt: ...o) and request for production (set three). Special Interrogatories The motion is granted. These interrogatories requested information related to payments made for medical services related to the subject incident, medical liens, and the amount plaintiff currently owes for medical expenses related to the subject incident. Plaintiff's response to each interrogatory was the same: “Objection. Collateral source rule. Without waiving the objection, se...

Excerpt: ...the Court's May 18, 2017 order enforcing the SPO. The parties entered into the SPO to cover financial information that the Defendants were required to produce. Pursuant to the SPO, Defendants were to provide personal and business tax transcripts, declarations identifying all personal and business bank accounts, and signed authorization to release all bank records from 2009 to present. Plaintiff filed a motion to compel compliance with the SPO whi...

Excerpt: ...ord's (“Plaintiff”) First Amended Complaint (“FAC”) is ruled upon as follows. Defendants' request for judicial notice is granted. Plaintiff's request for judicial notice is granted. Plaintiff filed her FAC against Moving Defendants and alleging the following eight causes of action: (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in Violation of Labor Code § 1102.5; (4) Retaliation in Vio...

Excerpt: ...ff filed his original complaint on January 24, 2018, against Matheson Trucking, Inc. (“Matheson”), three of Matheson's related entities, and four individuals, Mark B. Matheson, Joshua Matheson, Charles J. Mellor, and Shirley Curran. Plaintiff filed his FAC on March 23, 2018, naming the same eight defendants and alleging 11 causes of action: (1) (Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; (3) Retaliation in ...

Excerpt: ... issues. Defendants demur to Plaintiff's first, second, fourth, eighth, and ninth causes of actions on the grounds they fail to state facts sufficient to constitute a cause of action. (CCP § 430.10 (e).) Legal Standard The pleading rules applicable to demurrers are now familiar and well established. Pleadings are to be liberally construed. (Code Civ. Proc. § 452) A demurrer admits the truth of all material facts properly pled and the sole issue...

Excerpt: ...rangevale, California. Plaintiff filed her complaint for premises liability and general negligence on August 10, 2017. On March 27, 2018, this Court granted Defendant's motion to deem matters admitted due to Plaintiff's failure to respond to requests for admissions. Specifically, the following requests were deemed admitted: 1. Admit that there was no dangerous or defective condition on the subject premises at the time of the subject incident. 2. ...

Excerpt: ...TED IN PART and DENIED IN PART, as follows. As it now appears that defendant Raptis has provided the overdue discovery responses previously compelled in the court's earlier orders, has agreed to make himself available for deposition and has tendered payment of monetary sanctions previously imposed, the court declines to impose here any issue, evidence or terminating sanctions against defendant Raptis as such sanctions would result in an unjus...

Excerpt: ...D and is GRANTED. No later than August 10, 2018, Plaintiffs shall serve further verified responses to Defendants' special interrogatories, set two, numbers 14‐16 and request for production of documents, set two, number 13. Sanctions are denied because the motions were not opposed. Although CRC 3.1348 (a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery autho...

Excerpt: ...eceived plaintiff's discovery requests but that she has nevertheless complied with them by meeting with plaintiff's principal and providing a variety of documents from her insurance company. Aside from the fact that defendant in pro per has failed to provide admissible evidence which establishes she never received the underlying discovery requests, the court is not persuaded that her representation about meeting with plaintiff's principal and pro...

Excerpt: ...ries, and to eliminate references to the Cal Worthington Trust (the “Trust”). Under section 436, the court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading” as well as “all or part of any pleading not drawn or filed in conformity with the laws of this state.” (Code Civ. Proc, § 436, subds. (a) and (b).) Defendants' motion to strike Plaintiff's claims for punitive damages is unopposed by Plaintiff a...

Excerpt: ...motion to vacate and/or correct the arbitration award is DENIED except where noted otherwise, as follows. Although the notice of motion provided notice of the court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018. Factual Background This action arises out of plaintiff's prior employment as a manager of a franchise resta...

Excerpt: ...h early 2011, when he met Plaintiff and allegedly urged her to quit her salaried job to become co‐owner/co‐manager of the Mr. Motorhome business in Elk Grove. Plaintiff states she relied on Lundgren's representations and in late 2012 began working at the Mr. Motorhome business for 50‐60 hours per week without receiving any compensation prior to November 2016. The complaint asserts that in 2015, money from the Mr. Motorhome business was used...

Excerpt: ...nd on February 7, 2018, the Court continued the trial date to June 26, 2018. On June 15, 2018, Plaintiff substituted his former counsel, Mr. Patrick, for his current counsel, Christopher J. Fry. Four days later, on June 19, 2018, Mr. Fry filed an ex parte application in Department 47 before Judge De Alba to continue trial and related dates. On June 20, 2018, the Court (Judge De Alba) granted Mr. Fry's request to continue the trial date, but denie...

Excerpt: ...red and distributed by Defendant, suffers from widespread defects‐including Engine and Transmission Defects‐and that Defendant has been unable to repair the vehicle within a reasonable number of attempts. Plaintiff further alleges that Defendant knew that her vehicle suffered from the ongoing defects, which are widespread, but nevertheless refused to repurchase the vehicle‐a willful violation of the Song‐Beverly Consumer Warranty Act (...

Excerpt: ...rose and resulted in BBC recording a mechanics lien in the amount of $483,405. VTL filed an action for declaratory relief, breach of contract and fraud. VTL also filed a motion to remove BBC's lien. In its motion, VTL contended that BBC's lien was invalid since it not only vastly overstated the amount BBC actually claims is owed but is also exceeded by the amounts which BBC now owes VTL. VTL insisted that BBC "fraudulently obtained co...

Excerpt: ...n the required format set forth in California Rule of Court, rule 3.1354. This action arises out of personal injuries Plaintiff sustained while performing yard work at Defendant's property located at 8951 River Road, Sacramento, California. Plaintiff was being paid $12 per hour to help her friend, defendant Karen Zehnder, clean up her rental property before it was rented. Plaintiff was doing some work raking up brush when an unlicensed tree t...

Excerpt: ...2016, in connection with his second accident, Plaintiff alleges he was instructed by Defendant 21st Century Insurance to tow his broken trailer to a body shop to obtain an estimate for the damage to Plaintiffs trailer and that during the drive, the trailer became detached, causing the trailer to run into Plaintiffs car. He also alleges that 21st Century owned, operated, serviced or maintained the vehicle. The only cause of action naming 21st Cent...

Excerpt: ...follows. Plaintiff's request for judicial notice is granted. This action stems from a relationship between Defendant and Hardial Singh Hunji (“Decedent”). Defendant alleges that she and Decedent were in a romantic partnership, whereas Plaintiff contends that Defendant was hired as a caregiver for Decedent. Decedent passed away on January 2, 2017. One month after Decedent's death, Plaintiff, as trustee of the Hardial Singh Hunji 1996 Trust (�...

Excerpt: ...rs v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview and Procedural History This is a construction defect action for 7 homes. The SAC asserts a single cause of action for violation of Civ. Code §896. Plaintiffs filed their initial complaint on 6/10/2014 which included caus...

Excerpt: ...asserts a cause of action for Quiet Title. Camacho alleges that in 1994 she purchased the Property, Zepeda provided less than $3,000 for the purchase deposit. Both Zepeda and Camacho were listed on the title, but it was “understood” that Zepeda was the sole owner of the Property. In 2002, Zepeda was deported to Mexico. Camacho then took possession of the Property, has remained in continuous possession, and has made all payments for the Proper...

Excerpt: ...��Mark”), doing business as Whisler Land Company (“WLC”) agreed to manage properties owned by Edward. Robert and Edward are brothers. WLC is a licensed real estate broker and Robert an associate licensee. In 2004, WLC and Robert entered into a contract wherein Robert agreed to provide property management services as an independent contractor to WLC. Robert and WLC are collectively referred to herein as “Plaintiffs.” Plaintiffs allege th...

Excerpt: ...while he was crossing El Camino Boulevard as a pedestrian in a wheelchair. Gutierrez was employed by CR England, Inc at the time of the accident. Plaintiff issued deposition subpoenas for documents from the United States Department of Transportation and the California Department of Transportation. The subpoenas seek "Any and all documents, records, videos, photos, recordings, printouts and other business records of any kind that relate or ref...

Excerpt: ...rom 1976‐1978. Plaintiff attempted to serve Verdant Vales Foundation by serving non party Mackenroth, who, during the 1970s was a director and President of Verdant Vales School and assisted in drafting the articles of incorporation and amendments thereto in 1974 and 1977 when his children were attending the school. (See documents attached to opposition as exhibits to the Declaration of Katrina M. Yu.) Mackenroth states that he is not an agent f...